People v. DeLarosa, 228 A.D.2d 273 (N.Y. App. Div. 1st Dep't 1996). · Go Syfert
People v. DeLarosa, 228 A.D.2d 273 (N.Y. App. Div. 1st Dep't 1996). Cases Citing This Book View Copy Cite
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The People of the State of New York
v.
Jose DeLarosa, True Name Jose DeLa Rosa
Appellate Division of the Supreme Court of the State of New York.
Jun 13, 1996.
Published opinion
228 A.D.2d 273
1996 N.Y. App. Div. LEXIS 6737
Published

Accepting the hearing court’s findings of credibility (see, People v Prochilo, 41 NY2d 759, 761), defendant has failed to carry his burden of demonstrating (see, People v Chipp, 75 NY2d 327, 335, cert denied 498 US 833) that the first officer’s stationhouse identification of him, while he was unrestrained and not at that point a suspect, was somehow prompted or other than inadvertent, and therefore suppressible as a suggestive police identification procedure (see, People v Acosta, 181 AD2d 577, lv denied 79 NY2d 1045; People v Sanders, 176 AD2d 477, lv denied 79 NY2d 831). In any event, the subsequent[*274] lineup identification by another officer was valid regardless of the validity of the first identification (People v Washington, 160 AD2d 205, lv denied 76 NY2d 798, 992), and there was ample independent source for the in-court identifications by both officers. We have considered defendant’s other claims and find them to be without merit. Concur—Rosenberger, J. P., Wallach, Nardelli and Tom, JJ.